Shearer v. Rasbridge

Schaeffer, P. J.,

The plaintiff has brought suit in trespass against Emerson B. Rasbridge, Frank P. Werner and D. Kepner Lessig. All three defendants have been served. On October 14, 1935, the plaintiff filed of record a suggestion of the death of Werner and obtained a rule to show cause why the name of Werner should not be dropped as a party defendant without substitution. The surviving defendants oppose such order upon the ground that, as Werner was not included as a defendant by mistake, the plaintiff has no right to discontinue as to him alone, and upon the further ground that the…